Hon’ble Sudhir Agarwal, J.—Heard Sri Sandeep Agrawal, Advocate holding brief on behalf of Sri Rahul Sahai, Advocate for petitioners and Sri Amit Krishna, Advocate for respondent No. 1/1.

2. The respondent-landlord instituted Small Cause Suit No. 31 of 1993 seeking eviction of petitioners-tenants from premises in dispute, which is a shop situate at Kharod Dwar Kosikalan, Tehsil Chhata, District Mathura and the petitioners are tenants therein. It is said that petitioners have sub-let the suit property to another person who is not a family member and also in arrears of rent, therefore, are liable for eviction.

3. The Trial Court decreed suit on the ground of default in payment of rent but on the question of sub-letting though it found that an exclusive possession has been given by petitioners to a stranger, i.e., a person not family member of petitioners, but since the landlord has failed to prove that rent is being paid by occupant to petitioners, therefore, sub-letting is not proved.

4. However, since the suit was decreed, it is the petitioners-tenants, who preferred SCC Revision No. 25 of 2002. The Revisional Court has also confirmed the judgment of Trial Court but on a dif